CHAPTER 8803. STARR COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8803. STARR COUNTY GROUNDWATER CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8803.004.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8803.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "District" means the Starr County Groundwater Conservation

District.

(3) "Municipally owned utility" has the meaning assigned by

Section 13.002, Water Code.

(4) "Regional water authority" means the Rio Grande Regional

Water Authority.

(5) "Water supply or sewer service corporation" has the meaning

assigned by Section 13.002, Water Code.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.002. NATURE OF DISTRICT. The district is:

(1) a conservation and reclamation district in Starr County

created under Section 59, Article XVI, Texas Constitution; and

(2) a groundwater conservation district.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.003. DISTRICT BOUNDARIES. The boundaries of the

district are coextensive with the boundaries of Starr County.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.004. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

before September 1, 2009:

(1) the district is dissolved on September 1, 2009, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Starr County; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 1, eff. June 15, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Section 8803.026.

Sec. 8803.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not

later than the 45th day after the effective date of this

subchapter, five temporary directors shall be appointed as

follows:

(1) the Starr County Commissioners Court shall appoint four

temporary directors, with one of the temporary directors

appointed from each of the four commissioners precincts in the

county to represent the precinct in which the temporary director

resides; and

(2) the county judge of Starr County shall appoint one temporary

director who resides in the district to represent the district at

large.

(b) If there is a vacancy on the temporary board of directors of

the district, the remaining temporary directors shall appoint a

person to fill the vacancy in a manner that meets the

representational requirements of this section.

(c) Temporary directors serve until the earlier of:

(1) the time the temporary directors become initial directors as

provided by Section 8803.024; or

(2) the date this chapter expires under Section 8803.004.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 2, eff. June 15, 2007.

Sec. 8803.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 36.055, Water Code, a majority of the

temporary directors shall convene the organizational meeting of

the district at a location within the district agreeable to a

majority of the directors. If an agreement on location cannot be

reached, the organizational meeting shall be at the Starr County

Courthouse.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 2, eff. June 15, 2007.

Sec. 8803.023. CONFIRMATION ELECTION. (a) The temporary

directors shall hold an election to confirm the creation of the

district.

(b) Section 41.001(a), Election Code, does not apply to a

confirmation election held as provided by this section.

(c) Except as provided by this section, a confirmation election

must be conducted as provided by Sections 36.017(b)-(i), Water

Code, and the Election Code. The provision of Section 36.017(d),

Water Code, relating to the election of permanent directors does

not apply to a confirmation election under this section.

(d) Starr County may pay for any portion of the costs incident

to the district's confirmation election.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 2, eff. June 15, 2007.

Sec. 8803.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8803.023,

the temporary directors of the district become the initial

directors of the district and serve on the board of directors

until permanent directors are elected under Section 8803.025.

(b) The initial directors for county precincts 2 and 3 serve a

term expiring June 1 following the first regularly scheduled

election of directors under Section 8803.025, and the initial

directors for county precincts 1 and 4 serve a term expiring June

1 following the second regularly scheduled election of directors.

The at-large director shall serve a term expiring June 1

following the second regularly scheduled election of directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 2, eff. June 15, 2007.

Sec. 8803.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On the

uniform election date prescribed by Section 41.001, Election

Code, in May of the first even-numbered year after the year in

which the district is authorized to be created at a confirmation

election, an election shall be held in the district for the

election of two directors to replace the initial directors who,

under Section 8803.024(b), serve a term expiring June 1 following

that election.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 2, eff. June 15, 2007.

Sec. 8803.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch.

1395, Sec. 2, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8803.051. BOARD. The board consists of five directors.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.052. TERMS. Directors serve staggered four-year

terms.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.053. METHOD OF ELECTING DIRECTORS: COMMISSIONERS

PRECINCTS. (a) The directors of the district shall be elected

according to the commissioners precinct method as provided by

this section.

(b) One director shall be elected by the voters of the entire

district, and one director shall be elected from each county

commissioners precinct by the voters of that precinct.

(c) Except as provided by Subsection (e), to be eligible to be a

candidate for or to serve as director at large, a person must be

a registered voter in the district. To be eligible to be a

candidate for or to serve as director from a county commissioners

precinct, a person must be a registered voter of that precinct.

(d) A person shall indicate on the application for a place on

the ballot:

(1) the precinct that the person seeks to represent; or

(2) that the person seeks to represent the district at large.

(e) When the boundaries of the county commissioners precincts

are redrawn after each federal decennial census to reflect

population changes, a director in office on the effective date of

the change, or a director elected or appointed before the

effective date of the change whose term of office begins on or

after the effective date of the change, shall serve in the

precinct to which elected or appointed even though the change in

boundaries places the person's residence outside the precinct for

which the person was elected or appointed.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.054. ELECTION DATE FOR DIRECTORS. The district shall

hold an election to elect the appropriate number of directors on

the uniform election date prescribed by Section 41.001, Election

Code, in May of each even-numbered year.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8803.101. GENERAL POWERS AND DUTIES. The district has all

the rights, powers, privileges, authority, functions, and duties

provided by the general law of this state, including Chapter 36,

Water Code, applicable to groundwater conservation districts

created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.102. COURT-APPOINTED RECEIVER. The district may serve

as the court-appointed receiver in a matter determined by a court

concerning the disposition of assets of any other district

authorized by Section 52(b)(1) or (2), Article III, or Section

59, Article XVI, Texas Constitution, a municipally owned utility,

or a water supply or sewer service corporation.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.103. POWER TO CONTRACT WITH MUNICIPALITIES. The

district may enter into a contract with a municipality to assume

the functions of the municipality's municipally owned utility. A

contract under this section may include provisions for the

district's:

(1) assumption of the debts, liabilities, and obligations of the

municipally owned utility;

(2) ownership or use of the assets and facilities of the

municipally owned utility; and

(3) performance of the functions and services previously

provided by the municipally owned utility.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.104. RELATION TO OTHER WATER-RELATED ENTITIES. (a)

To the extent that a rule of the district conflicts with a rule

of the regional water authority, the rule of the authority

controls.

(b) To the extent that a rule of the district conflicts with an

action of a municipally owned utility or water supply or sewer

service corporation whose certificated area is located wholly or

partly in the district's territory, the action of the utility or

corporation controls.

(c) Notwithstanding Subsections (a) and (b), to the extent that

a rule of the district concerning groundwater conflicts with a

rule of the regional water authority or with an action of a

municipally owned utility or water supply or sewer service

corporation whose certificated area is located wholly or partly

in the district's territory, the rule of the district controls.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

SUBCHAPTER D. MERGER WITH WATER SUPPLY OR SEWER SERVICE

CORPORATION

Sec. 8803.151. DEFINITIONS. In this subchapter:

(1) "Commission" means the Texas Commission on Environmental

Quality.

(2) "Directors" means the board of directors of a water supply

or sewer service corporation.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.152. AUTHORITY FOR AGREEMENT FOR MERGER; PROVISIONS.

(a) Subject to Sections 8803.153, 8803.154, and 8803.155, the

district may enter into a merger agreement with a water supply or

sewer service corporation.

(b) The merger agreement must include provisions for:

(1) the district's assumption of the debts, liabilities, and

obligations of the water supply or sewer service corporation;

(2) the district's assumption of the ownership of the

corporation's assets and facilities;

(3) the assignment to the district of the certificate of public

convenience and necessity obtained by the corporation under

Subchapter G, Chapter 13, Water Code, and any right obtained

under the certificate;

(4) the district's performance of the functions and services

previously provided by the corporation; and

(5) the dissolution of the corporation.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.153. BOARD, DIRECTORS, AND MEMBERS APPROVAL OF MERGER

AGREEMENT. Before an election to confirm a proposed merger

agreement described by Section 8803.152 may be held, the board,

the directors, and, if the water supply or sewer service

corporation has members with voting rights, the members of the

corporation must each approve the proposed merger agreement in

accordance with the laws, rules, charter, bylaws, and procedures

applicable to the district and the corporation.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.154. COMMISSION DETERMINATION OF DISTRICT CAPABILITY

FOR SERVICE. Before an election to confirm a proposed merger

agreement described by Section 8803.152 may be held, the

commission must determine that the district is capable of

rendering adequate and continuous service as required by Section

13.251, Water Code.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.155. ELECTION TO CONFIRM MERGER AGREEMENT. (a)

Before a proposed merger agreement described by Section 8803.152

may take effect, the board shall hold an election to confirm the

agreement.

(b) The election must be held on the first authorized uniform

election date after the board, the directors, and, if required,

the members of the water supply or sewer service corporation

approve the proposed merger agreement that allows sufficient time

for the board to comply with all applicable provisions of the

Election Code.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.156. BALLOTS FOR ELECTION. The ballot for an election

under Section 8803.155 shall read as follows:

"By voting YES on this ballot, you are voting in favor of the

proposed merger agreement between the (name of water supply or

sewer service corporation) and the Starr County Groundwater

Conservation District under which the corporation's debts,

liabilities, obligations, assets, and facilities are to be

transferred to the district, the district is to perform the

functions and services previously provided by the corporation,

and the corporation is to be dissolved. By voting NO on this

ballot, you are voting against the proposed merger agreement."

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.157. ELECTION RESULTS FOR MERGER WITH WATER SUPPLY OR

SEWER SERVICE CORPORATION. (a) If a majority of the voters

voting in an election under Section 8803.155 both in the

certificated area of the water supply or sewer service

corporation and in the territory of the district outside the

certificated area vote in favor of the ballot proposition, the

proposed merger agreement takes effect.

(b) If a majority of the voters voting in an election under

Section 8803.155 either in the certificated area of the water

supply or sewer service corporation or in the territory of the

district outside the certificated area do not vote in favor of

the ballot proposition:

(1) the proposed merger agreement does not take effect; and

(2) the board may not hold a subsequent election to confirm a

proposed merger agreement between the same water supply or sewer

service corporation and the district before the first anniversary

of the election date.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.

Sec. 8803.158. FILING REQUIREMENT. If a proposed merger

agreement is confirmed at an election under Section 8803.155, not

later than the 15th day after the date of the election the board

shall file with the commission and in the deed records of Starr

County a copy of:

(1) the merger agreement;

(2) the resolutions or other actions taken by the board, the

directors, and, if required, the members of the water supply or

sewer service corporation approving the merger agreement under

Section 8803.153; and

(3) the election results.

Added by Acts 2005, 79th Leg., Ch.

451, Sec. 4, eff. June 17, 2005.